Allahabad High Court
Sarvesh Kumar Alias Sanjeet Kumar And 2 ... vs State Of U.P. And Another on 28 October, 2025
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:189063
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 30198 of 2025
Sarvesh Kumar Alias Sanjeet Kumar And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Mahesh Kumar Dubey
Counsel for Opposite Party(s)
:
Atul Kumar Singh, G.A.
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1.Certified copy of compromise verification report dated 17.9.2025 preferred on behalf of applicants is taken on record.
2. Heard Sri M.K.Dubey, learned counsel for applicants, Sri Atul Kumar Singh, learned counsel for opposite party no. 2 and learned AGA for the State.
3. Present application has been preferred with a prayer to quash entire proceeding of Criminal Case no. 5035 of 2016 (State vs. Dharmdas and others) arising out of charge sheet no. 104 of 2016 dated 31.7.2016 in Case Crime no. 177 of 2016/NCR no. 300 of 2015 under sections 323, 504, 506, 308, 325 IPC against the applicants, PS- Gopiganj, District Bhadohi be quashed in which learned CJM, Bhadohi-Gyanpur has taken cognizance and summoned the applicants on 2.9.2016.
4. In compliance of earlier order dated 9.9.2025 passed by this Court, compromise verification report has already been received from learned District Judge, Bhadohi and the same is appended to order sheet and certified copy of the same has been preferred by learned counsel for applicants which is taken on record, wherein it is mentioned that compromise has been verified on dated 17.9.2025 in presence of both the parties.
5. Sri Atul Kumar Singh, learned counsel for opposite party no. 2 and learned AGA for the State showed no objection to aforesaid contention of learned counsel for applicants.
6. From perusal of records, it transpires that the parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for the parties and it has been submitted that there would be no harm and error and it would be in the interest of justice that the proceedings may be quashed in light of the compromise.
7. A three-Judge Bench of the Hon'ble Supreme Court in Gian Singh v. State of Punjab & another, (2012) 10 SCC 303, has observed in para 58 of the said judgment that where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is resorted; securing the ends of justice being the ultimate guiding factor.
8. In the case of Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, [(1988) 1 SCC 692], Hon'ble the Apex Court has also observed that where matters are also of civil nature i.e. matrimonial, family disputes, etc. the Court may consider "special facts", "special feature" and quash the criminal proceeding to encourage genuine settlement of disputes between the parties.
9. In view of the aforementioned facts and circumstances, the entire proceeding of Criminal Case no. 5035 of 2016 (State vs. Dharmdas and others) arising out of Case Crime no. 177 of 2016/NCR no. 300 of 2015 under sections 323, 504, 506, 308, 325 IPC, PS- Gopiganj, District Bhadohi, are hereby quashed, only in respect of applicants namely Sarvesh Kumar @ Sanjeet Kumar, Anand Kumar and Abhishek Kumar.
10. Accordingly, the present application stands allowed.
11. The parties may file the copy of this order before the court concerned within three weeks from today.
12. If at all, opposite party no. 2 feels that he/she has been duped or betrayed, then in that event, he/she may file recall application explaining the reasons for filing the said application.
(Saurabh Srivastava,J.)
October 28, 2025
Shaswat
